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(영문) 부산지방법원 2014.09.17 2014가단2897
임대료
Text

1. The Defendant shall pay to the Plaintiff KRW 32.4 million and the interest rate of KRW 20% per annum from July 18, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. Around 2011, the Plaintiff: (a) determined the whole and part of the fourth and fifth floors of the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant as the lease deposit amounting to KRW 20 million, monthly rent of KRW 1.4 million; and (b) leased without setting the lease term.

(hereinafter “Lease of this case”). (b)

Around that time, the Defendant received delivery from the Plaintiff of all the fourth and five floors of the instant building from the Plaintiff and operated the legal party.

C. However, the Defendant did not pay the lease deposit to the Plaintiff, and there was no difference between May and June 2013 that was paid between June 2013 and June 2013 that was paid to the Plaintiff.

On March 14, 2013, the Defendant: (a) as of March 14, 2013, written notes (Evidence No. 8; hereinafter “each of the instant notes”) stating that the said amount will be repaid to the Plaintiff by May 20 after May 20, 2013 from the 19,30,000 as of March 14, 2013.

E. On August 16, 2013, October 21, 2013, and February 10, 2014, the Plaintiff sent to each Defendant a content-certified mail demanding the payment of overdue rent.

F. On November 2013, the Defendant delivered to the Plaintiff all the fourth floor of the instant building.

G. According to the instant lease agreement, among the rent of KRW 1.4 million, the entire fourth floor of the instant building is KRW 1 million and KRW 400,000 for the part of the instant five floors.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1, 5, 6, and 8, and the purport of the whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff the overdue charge of KRW 32.4 million and the damages for delay as shown below.

From March 15, 2013 to March 14, 2013, the Defendant calculated the rent in arrears of KRW 19,30,000,000,000 for the fourth and fifth floors among the instant buildings, which were recognized by the Defendant in this case.

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